JINDAL STRIPS LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON the plea that "something disturbing has happened which has created in the minds of the applicant a fear or at least a suspicion that he may not get justice from this Court", Shri Bhajan Lal, the Chief Minister of Haryana, who is arrayed as one of the respondents in this writ petition, prays that it be not heard by this Bench.

(2.) ACCORDING to Shri Bhajan Lal, two aspects have shaken his confidence. In the first instance, it is said, that the matter had been fixed before the Tax Bench consisting of A. P. Chowdhri and N. K. Sodhi, JJ and one of us (S. S. Sodtii, JJ) was the Acting Chief Justice for a few days, the case was 'called' from said Bench. It was later 'released' from the Bench presided over by S. S. Sodhi, J. which meant that it was to be heard by some other Bench but it has again been listed for hearing before the 'same Bench'. Next, that other Judges have taken exception, some in writing too, to the matter being withdrawn from the Bench of A. P. Chowdhri and N. K. Sodhi, JJ. and being heard by this very Bench'.

(3.) A reference to the records shows that the present writ petition came up for preliminary hearing on February 7,1992, before a Division Bench comprising S. S. Sodhi and G. C. Garg, JJ. , when it was admitted to bearing by a Division Bench and interim relief was also granted to the petitioner. Notice regarding stay was, however, ordered to be given to the respondents. On May 6, 1992, when the matter came up for confirmation of the interim stay before the Division Bench consisting of S. S. Sodhi and R. S. Mongia, JJ. the following order was passed: